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HomeMy WebLinkAbout#1197- Deed; Easement and ROW - From Papai to City of South Bend-in connection with the Orange,Colfax Connector.EASEMENT AND RIGH'.T'-OF-WAY from Josephine Papai to City of South Bend in connection with the Orange/Colfax Connector. 7°�'U 53 1 EASEMENT AND RIGHT-OF-WAY -*V / / 9 % In consideration of the sure of One Dollar ($1.00) Dollars cash in hand paid, receipt whereof is hereby ..o-knowledged, the undersigned hereby grant, bargain, sell, convey, transfer, deliver unto the Civil City of SruLh Bend, a permanent easement and right -of -tray, for the following purposes namely: The right to enter upon the )ereinafter described ]a;id and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, togeth­;- with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining acid repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for pile sole purpose of constructing, maintaining, installing, repairing, and replacing and/or renewing ;uch sewer or other facilities for all pLXPO:�_ . t,-1-'-•• .,l- �I; - - _--t i-'V+oin�rC r�i•.-� ,t,.rC. S -Fn,r .I ...w ....i L' .. . .. I� , I .... l u u i l y ✓ •A .. - �. J - .+.� V I . I ll.. v.. � � �• 1 . , N i .A l i .lw �. .. .a l• 1 l.i •� v 4 i .-... - both sanitary and storm sewer' ground embraced within the right-of-way here i r— after described, whv,ch is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A tract of land taken off of and from the Southeast corner of Lot 32 as shown in the recorded plat of the Studebaker and Hines Subdivision of Part of Bank Out Lot 00, St. Joseph County, South Bend, Indiana, beginning at the Southeast corner of said Lot, then North along the East property line of said Lot a distance of 5'; thence Southwesterly to a point on the South property line of said Lot 32, which point is 5' West of the point of beginning; thence East a distance of 5' to the point of beginning. All in the Northwest One Quarter (1/4), Section 10, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana. c. CD F To have and to hold the said easement and right -of -gray unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the aforedescribed tract or parcel of land; that they have a good and law- ful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the Grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read Lis plural, if and when necessary, sand LhaL wherever Yrords ur neuter gender, are employed, they will likewise apply to the masculine gender, whenever the contract requires. JVS EP/��i✓Z- 5P A /3A / /`9A- Al /1,A PA!�o�cF�sC--.�� 7905351 ST. JOSEPH COL1flTY ) SS: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared Josephine Papai -3- _ who acknowledged the c.xecutioii of till al.ovL. and foregoing instrument and right-of-way as her free and voluntary act and duffed this 28th day of February, , 1979 1,ly commission expires January 22, 1983 Prepared by: Thomas J. Brunner, Jr.,, City Attorney C� f Notary Public - David A. dells, a resident of St. Joseph Count_.; i At 1 M A.t D .9 1 I ..yy ! ` .w. w i • �� ~ r - .q j� _ � �!^. -� _ .. • r� ' f .. - r - - - J -